ENTITLED An Act to modify certain requirements for removal from the sex offender registry.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 22-24B be amended with a NEW SECTION:

Notwithstanding    22-24B-19 and 22-24B-19.1, an offender who is required to register in this state as a sex offender because of any crime committed in another jurisdiction, if that jurisdiction also requires anyone convicted of that crime to register as a sex offender, may petition to be removed from the registry of this state if the offender is eligible to be removed under the laws of the jurisdiction where the conviction occurred. In addition to the documentation required pursuant to   22-24B-18, to be eligible to be removed under this section, the petitioner must provide a certified copy of the final order from the convicting jurisdiction removing the offender from the registry of the convicting jurisdiction.

Section 2. That   22-24B-17 be AMENDED:

22-24B-17. Any person required to register under this chapter who is eligible to seek removal from the registry, as provided for in   22-24B-19, 22-24B-19.1, or section 1 of this Act, may petition the circuit court in the county where the person resides for an order terminating the person's obligation to register. If the person seeking removal from the registry is not a resident of this state, but is required to register under other requirements of   22-24B-2, then the person may petition the circuit court of any county of this state where the person is currently registered. The offender shall serve the petition and all supporting documentation on the state's attorney in the county where the offender is currently registered, the office of the prosecutor in the jurisdiction where the offense occurred, and the attorney general. The attorney general's office shall respond to each petition to request removal from the sex offender registry.

No person petitioning the court under this section for an order terminating the person's obligation to register is entitled to court appointed counsel, experts, or publicly funded witnesses.

Section 3. That   22-24B-20 be AMENDED:

22-24B-20. If the court finds that all of the criteria described in   22-24B-19, 22-24B-19.1, or section 1 of this Act have been met and that the petitioner is not likely to offend again, then the court may, in its discretion, enter an order terminating the petitioner's obligation to register in this state and require the removal of petitioner's name from the registry. However, if the court finds that the offender has provided false, misleading, or incomplete information in support of the petition, or failed to serve the petition and supporting documentation upon the respondent, then the petition may be denied. If the petition is denied, the petitioner may not file a subsequent petition for at least two years from the date the previous petition was denied.

An Act to modify certain requirements for removal from the sex offender registry.

Statutes affected:
Introduced, 01/30/2023: 22-24B-17, 22-24B-20
Enrolled, 03/01/2023: 22-24B-17, 22-24B-20